Governor v. . Horton

5 N.C. 212

• Court: Supreme Court of North Carolina
• Decided: July 5, 1808
• Status: Published

Opinion

By the Court.

It is necessary that the declaration in every case should comport with the writ; for its design is to specify fully and particularly that cause of action which the writ states as the foundation of the Plaintiff’s claim. So essential a variance as the record pre* sents in this case, cannot be permitted, without intro-during’uncertainty and confusion into legal proceedings, and without suffering any diversity, however palpable, to exist between the w'rit and the count. The Defendant is brought into Court to answer to one person, and he cannot when there, be liable to answer two upon the same writ. The plea must therefore be sustained.